The most pro-trans president ever? Biden doesn’t shy from fight over transgender rights

Ricardo Martinez was working late at his computer Wednesday when he saw President Joe Biden’s statement condemning a Texas effort to investigate the parents of some transgender children.

The weary CEO of Equality Texas said he felt instant relief.

“It was forwarded to me, and my reaction was just maybe a moment of joy that someone is standing up for us,” said the Austin-based Martinez, whose group advocates for the LGBTQ community and transgender people.

Biden’s statement, and the reaction it elicited from Martinez, has been part of a pattern from this president.

Since taking office last year, Biden has offered an unequivocal defense of transgender Americans, taking action that — in the White House’s view — protects their rights while forcefully rebutting Republican-led legislative efforts against them.

It’s a position that was evident again this week, when, in addition to his statement, the president used his State of the Union address to reiterate his support of transgender people. His Department of Health and Human Services also issued new guidelines designed to thwart the Texas investigations, a policy rollout timed with Biden’s statement.

Reversing Trump’s ban on transgender troops

The moves came a year after the president, among other actions, reversed former President Donald Trump’s ban on transgender troops in the military and signed an executive action that expanded non-discrimination protection on the basis of gender identity. His administration also includes Rachel Levine, the assistant secretary for health, who was the first openly transgender federal official to be confirmed by the Senate.

The totality of the effort from the White House has taken even supporters off guard, some of whom say the president’s vocal backing of the transgender community has gone far beyond what they’ve seen from the rest of the Democratic Party.

“Again and again, they’re both not shying away from these issues but also demonstrating their commitment to them,” said David Stacy, director of government affairs for the Human Rights Campaign.

Biden’s eagerness comes amid a contentious national debate about transgender rights, one that has focused on whether transgender student-athletes should be allowed to compete against athletes of the same gender identity and, in Texas’ case, whether parents allowing their child to receive gender-affirming health care constitutes child abuse.

Just last week, Republican Sen. Rick Scott of Florida issued his 11-point agenda to “rescue America” that stipulated that “men are men” and “women are women.” This week Iowa Republicans approved a law banning transgender athletes from competing in sports for girls and women offered by schools and colleges.

Biden’s position on transgender issues is distinct from how some recent Democratic presidents treated the hot-button social issues of their day, whether former President Bill Clinton’s support for a “Don’t Ask, Don’t Tell” policy of gay men and women in the military or former President Barack Obama’s refusal to support gay marriage until his reelection campaign in 2012.

The more forceful stance is a function of changing politics, some progressives argue, pointing to the broad acceptance of gay marriage as evidence of a more socially liberal electorate. And it’s a natural position for Biden in particular to take, they say, given his support of LBGTQ issues in the past.

Biden out in front in support of gay marriage

Biden memorably embraced support for same-sex marriage before Obama during the 2012 campaign — three years before the Supreme Court’s landmark ruling — and in between his vice presidency and presidency, he made support for LGBTQ youth a priority for the Biden Foundation.

“There isn’t a need to triangulate from a political perspective,” said Sarah McBride, a Democratic state senator in Delaware and national transgender leader. “And even if there was, this president is a person of deep principles and faith, and I think both of those call on him to treat others in the way he would want to be treated.”

Still, Biden’s statement Wednesday — in which he called the Texas order “government overreach at its worst” — caught some advocates off guard.

“From what I’ve seen, even trans and non-binary people who may not be the biggest fans of President Biden were also pleasantly surprised by the actions the White House took,” said Charlotte Clymer, a writer and activist for transgender rights.

Shortly after the statement and corresponding guidance from HHS was released, the White House held a call with 50 Texas LGBTQ and child welfare advocates to discuss and answer questions, according to Martinez and two other people familiar with the call but not authorized to talk about it publicly.

Emotions spill over during call

The call became emotional, Martinez said, after White House officials asked for comment.

“It’s really meaningful to have people in the highest echelons of power seeing you and reflecting back at you that you’re important,” said Martinez. “And those messages are rare here in Texas for our community and I’m sure for other states across the country.”

Biden, during his State of the Union, urged passage of federal protections for LGBTQ+ Americans while reiterating his support for transgender people and their families.

“I said last year especially to our younger transgender Americans, I’ll always have your back as your president, so you can be yourself and reach your God-given potential,” Biden said.

Clymer, who emphasized that she was speaking only for herself, said she’s been pleased with the president’s overall stance on transgender issues and how much attention he’s given them. During the State of the Union address, she pointed out, Biden used the word “transgender” even when he declined to say the word “abortion.”

In her view, the president has been much more forthright in his support of transgender rights than many other Democratic lawmakers.

“A lot of Democratic candidates and Democratic members of Congress are shying away from this issue,” said Clymer, who called their reticence “disheartening.”

Clymer and others say that Biden’s record on transgender issues is not, in their view, without fault, and argue that the administration’s full response to the Texas law should eventually include a civil rights investigation from the Department of Justice.

But any shortcomings have, by and large, been overshadowed by the actions the president and his administration have taken, say leading members of the transgender community.

“I knew he would be the most pro-trans equality president in the nation’s history,” McBride said. “And that‘s exactly what he’s been thus far.”

This story was originally published March 4, 2022 at 3:30 PM with the headline "The most pro-trans president ever? Biden doesn’t shy from fight over transgender rights."